The U.S. Citizenship and Immigration Services (USCIS) has issued a new policy update that restores a stricter approach to evaluating Good Moral Character (GMC) for people applying for U.S. citizenship.
What does his USCIS update mean?
The update represents a major shift in how naturalization cases are reviewed. In addition to checking for disqualifying acts, USCIS officers are now instructed to weigh both the positive contributions and the overall character of applicants.
Traditionally, applicants must demonstrate GMC within the five years following the receipt of a green card. However, under the new policy, USCIS may also consider behavior before that five-year window. For EB-5 investors, that means conduct during the investment process—whether abroad or in the U.S.—can now come under review.
U.S. immigration attorney Bobi Ahn explains: “The new regulations and policy go beyond the absence of disqualifying acts in assessing GMC and use the ‘totality of circumstances’ approach, giving wider latitude to the USCIS reviewing officers to consider what GMC is for each of the individuals.”
Immigration lawyer Ignacio Donoso says that this is a “significant” change. It will require applicants for naturalization “to satisfy discretionary (and difficult to predict) requirements of what an average citizen in the Totality of the Circumstances should be doing while living as a permanent resident,” he said.
How will USCIS assess EB-5 applicants’ behavior?
According to EB-5 attorney Charles Kuck, the naturalization process already looks at past and present behavior:
“Traditionally, demonstrating good moral character involved having no criminal convictions or disqualifying conduct; however, under the new policy memo, officers are required to apply a broader, more holistic evaluation of applicants.”
This means officers will now weigh both positive and negative attributes. Positive factors could include community service, family responsibilities, and educational achievements. Disqualifying conduct could include violations of immigration or criminal law.
Kuck warns: “Immigration officers now have greater discretion to apply these new standards on a case-by-case basis, giving them leeway to interpret ambiguous behavior under the guise of good moral character.”
Donoso adds: “New N400 applications will now have to provide affirmative evidence, on a balance of probabilities, that the applicant has made a positive contribution to their community in comparison to average persons in that community.”
For EB-5 investors, this means that their actions and reputation during the visa process may later affect their naturalization application.
How can EB-5 applicants prepare?
Kuck recommends careful preparation:
“Given the heightened discretion and subjectivity, effective presentations of these factors may become crucial.”
He advises applicants to start collecting records of legal compliance, civic involvement, community ties, and rehabilitation efforts well before filing Form N-400.
Potential impacts on the naturalization process
Donoso expects both more applications and more delays under the new rules:
“Inevitably, the new USCIS Good Moral Character policy will lead to more denials of N400 naturalization applications,” he said. “It is equally likely that the naturalization process will slow down significantly in the near future as USCIS implements a discretionary Totality of the Circumstances approach.”
Kuck also cautions that the language in the policy is dangerously vague:
“Decisions will be based strictly on varying officers’ opinions. This shift purposely adds uncertainty to the naturalization process, potentially making it more difficult for applicants to predict the outcome of their applications.”
He concludes that the change may deter many would-be citizens from applying at all.
Ahn also cautions about the implications for new naturalization applications: “This latest change is raising concerns and rightfully so, that the Trump Administration is appearing to inject more subjectivity and political bias into U.S. immigration, as well as empowering USCIS officers to review the complete history of aliens seeking naturalization, where no regulatory or statutory bars exist.”
Additional focus on fraud
Finally, USCIS has also updated its guidance to target immigration fraud more aggressively, especially false claims to U.S. citizenship, which can now be used as evidence of poor moral character.
Additionally, the U.S. immigration agency is restarting “neighborhood investigations” of applicants seeking American citizenship. In practice, USCIS officers can conduct investigations in these people’s neighborhoods to determine if applicants satisfy the requirements, including GMC.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
